Minutes 1969/11/03
3032
G i 1 roy, Ca 1 i forn i a
November 3, 1969
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Norman B. Goodrich at 8:04 p.m.
Roll Call
Present: Council Members: Fred P. Batrez, George T. Duffin, Mark
E. Kennedy, John E. Pate, Anthony C. Silva, Everett C. Wentworth and
Norman B. Goodrich.
Intro. New
Emp 1 oyee
,
The Mayor introduced new employee, Mrs. Mildred Hanna, Senior
Citizen Representative.
Minutes
The Minutes of the Regular Meeting of October 20, 1969, were
approved as mailed and recorded.
Public Hear. re: The Mayor stated that it was the time and place scheduled for
Plan.Unit Dev. the Publ ic Hearing on a proposal for a Planned Unit Development with
10th & Rosanna an IR-3" Density on property belonging to Albert Fil ice located at
(A.Filice prop) the southwest corner of Tenth and Rosanna Streets.
Secretary of the Planning Commission Henry explained the
proposal and noted the Planning Commission's decision denying saidl
proposal due to same not conforming with the General Plan and because
of its extreme density.
The Mayor asked if there was anyone in the audience wishing
to speak for the proposed Planned Unit Development.
3033
....
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The following addressed the Council speaking in favor of the
proposa 1 :
Orman T. Smith, Real Estate Broker from Los Gatos, represent-
ing Mr. Filice, owner of the property in question.
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Mr. Smith introduced Mr. William H. Goodman, Santa Clara County
Housing Development Corp.
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Mr. Frank Valenzuela, 395 West Seventh Street, Gilroy.
The City Attorney noted that Mr. John Hughan presented the
proposed plans for the Planned Unit Development to the Planning Com-
mission but did not participate in discussion on the matter nor did
he participate in the Planning Commission1s decision regarding said
proposa 1.
Mr. Valenzuela further requested that the Council disqual ify
Planning Commissioner Connell's vote on the pooposal.
Mr. Goodman further commented in favor of the proposal.
Mr. Gordon Marcot, Denver, Colorado, explained quality of
housing proposed for said development.
Mr. Goodman Further explained same.
Mr. Robert E. Dakan, 10 Central Crt., Los Gatos, of Santa
Clara County Housing Development Corp., Housing Special ist, further
explained tax return to City and County re: proposed development.
......
Mr. Kirkpatrick, 28 Martin St. of Cal if. Legal Rural Assistance
commented in favor of the proposal.
....
Mr. J. B. Howard, local Real Estate Broker.
Mr. Jose Vasquez, noted the social affeGt of the proposal.
Mrs. Juanita Carillo, 72~ Rosanna Street, Gilroy, noted that
she would not have signed the petition against the proposal had she
known of all the information presented at this meeting regarding the
proposa 1.
Alfonso Colino spoke on behalf of local families in need of
this type of housing.
Mr. :John San Miguel, P. O. Box 923, Gilroy, commented in favor.
Mrs. Beatrice Leyba, resident of Gilroy,for past 23 years.
Mr. Dan Ruiz, new member of Santa Clara County Housing
Authority~ supported the proposed project on behalf of said Commission.
Mr. Frank Marquez, 471 S. Francis St., Sunnyvale, commented.
"......
,
Mr. Goodman further noted tenants of proposed project would
have a two year option to purchase the homes and explained financing
in regard to same.
.....
Mr. Rudolpho Chapa, P. O. Box 658, Gilroy, noted poor condi-
tions of certain rentals in the Gilroy area.
Mr. Richard Salas, Route 2 Box 69, Center Ave., San Martin,
noted poor condition of certain housing in Gilroy area viewed while
working for Migrant Housing District.
-
Mr. Jose Chapa inquired as to Planning Commission's decision
allowing an "R-411 Density but opposing proposal for IR-3" Density.
...
Dale Leyba, P. O. Box 1313 neted poor living conditions rented
by his parents at $90.00 per month.
3034
Mrs. Carmen Goodman translated in Spanish the comments given
at the Public Hearing.
-
The Mayor asked if there was anyone in the audience wishing
to speak against the proposal.
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The following persons addressed the Council speaking against
said proposal:
Mr. Ralph Hotfelter, 541 West Tenth Street, Gilroy, explained
reasons for opposing said Planned Unit Development and presented a
Petition that had been previously presented to the Planning Commission.
.......
Mrs. Juanita Carillo, requested that her name be removed from
said petition.
~...
Mr. Richard Bettencourt, West Tenth Street, opposed said
Development Project.
Mr. Bryan Crow, 8606 Garden Co~ t, Gilroy, noted that he was
not opposed to the proposed type of housing, however noted that sub-
staAdard housing throughout Gilroy should be removed if the proposal
is approved, due to the fact that the substandard rentals vacated by
persons moving into the new Project would be utilized by other renters.
Mrs. Carmen Goodman translated in Spanish what had taken place
by those in opposition to the project.
Discusston was had in regard to the Mobile Trailer Park with
an "R-4" density proposal permitted at the location of the proposed
project under,Section 49 of the Zoning Ordinance.
Mr. Jose Vasquez, addressed the Council further explaining
need for Planned Unit Development Project.
Dr. Carl Bozzo; addressed the Council requesting the Public
Hearing to be continued to another date in order for the Countil to
proceed with the Agenda.
.....
.....
Mr. Richard Salas notes that adequate Police Protecti on would
not be available in the proposed project due to high eensity proposal.
Mrs. Lupe Avina noted that she lived in the area noted as an
unsanitary condition and requested that Council decide tonight
whether the proposed project would be allowed or not.
The Mayor requested final summary from one person in favor
and one person against the proposal.
Mr. John San Miguel summarized the need for the proposal.
Mr. Ralph Hotfelter summarized the arguments against said
proposa 1.
Motion was made by Councilman Duffin seconded by Councilman
Kennedy and carried that the Public Hearing be closed at 10:50 p.m.
The Mayor reopened the hearing in order for Council to clarify
questions in regard to said proposed housing project.
Council asked Mr. Goodman several questions regarding same.
.....
i
Motion was made by Councilman Wentworth ,seconded by Councilman
Pate and carried that the Public Hearing be closed at 11: 10 p.m.
.......,J
Discussion was had by Council in regard to the proposal.
Motion was made by Councilman Batrez that 50% of the Planned
Unit Development under Section 49 of the Zoning Ordinance be ap-
proved. Motion died due to lack of a second.
....
Motion was made by Councilman Batrez, ~econded by Councilman
Duffin that 30% of the Planned U~it,Development be approved by reso-
lution under Section 49 of the Zoning Ordinance. Said resolution
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Res.#1406
Madonna
Vi llage
Dev.
I ntro. Ord.
L 1 a ga s Cr.
OPLls
Pub.Hear. re:
Sign Ord.
3035
was not adopted due to the following Roll Call vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez and Duffin
Kennedy, Pate, Silva, Wentworth, and
Goodri ch
At 11:25 p.m. the Mayor called a recess.
At 11:40 p.m. the City Attorney presented and read Resolution
No. 1406.
Motion was made by Councilman Pate seconded by Councilman
Wentworth that Resolution No. 1406 be adopted.
RESOLUTION NO. 1406
RESOLUTION ~ THE COUNCIL OF THE CITY OF GILROY DENYING THE APPLICA-
TION OF ORMAN T. SMITH AND ALBERT FILICE TO REZONE THIRTY-SEVEN ACRES,
MORE OR LESS, AT THE SOUTHWEST CORNER OF TENTH AND ROSANNA STREETS
FROM R-l DISTRICT TO A PLANNED UNIT DISTRICT OF R-3 DENSITY.
PASSED AND ADOPTED this 3rd day of November, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Duffin, Kennedy,
and Goodrich.
Batrez
None
Pate, Silva, Wentworth,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
The Mayor deviated from the regular agenda in order to acco-
modate interested persons in the audience.
Director of Publ ic Works-City Engineer Henry presented and
explained proposed plans fot Madonna Village Development.
Mr. Howard Smith, local Realtor noted said plans had been
previously approved by CouncIl in January of 1969 under Section 49 of
the Zoning Ordinance.
Mr. Barry Paul, Architect, noted that the proposed plans were
essentially the same previously presented to the Planning Commission.
City Engineer Henry noted that the owner would be responsible
for solving any engineering problems that might arise and subject to
his approval. Council agreed.
Motion was made by Councilman Kennedy seconded by Councilman
Silva and carried that the plans for Madonna Village Development be
approved as presented under Section 49 of the Zoning Ordinance subject
to the stipulations as outl ined by Staff.
The City Attorney presented a proposed ordinance establ ishing
Official Floodway Plan Lines for Upper and LOWer Llagas Creek and
tributaries.
Motion was made by Councilman Pate seconded by Councilman
Wentworth and carried that the ordiance be introduce, the reading
waived, and that it be publisned by title and summary.
(Councilman Wentworth was excused from the meeting at 11:55
p. m. )
(Regular Agenda continued):
The Mayor stated that it was the time and place scheeuled
for a Public Hearing on the prop~ed Sign Ordinance. Secretary of
the Planning Commission Henry noted that the revised copy of said
proposed Sign Ordinance included those changes and modifications re-
quested by Council.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed Sign Ordinance as presented.
(Councilman Wentworth returned at 11:57 p.m. and took his
seat at the Coun~il table)
3036
Intro.Sign
Ord.
Plan.Com.
Re po rt
10/30/69
Meet.
Personnel Com.
Report
P. & R. COM.
Meeting
10/21/69
Sr. Citizens'
Adv. Com.
City Clerk
Vacat i on
Carry-Over
N. Church St.
Assm't re:
D.Saccullo
Res. #1407 re:
Northside Pk.
Mr. Edward Duerr, local architect, addressed the Council re-
questing certain modifications and changes within said proposed Sign
Ordinance. Council concurred with same. The Mayor thanked Mr. Duerr
for his work involved in preparation of said Sign Ordinance.
-
Mr. Don Schultz, representing Foster & Kleiser, addressed the
Council and requested that off-site Bill Boards be allowed under the
proposed Sign Ordinance.
'""'-.
Mr. Virgil McNabb representing Western Service Station Ass'n
addressed the Council requesting clarification of Sign Limitations
in regard to Service Stations. Council concurred with a modifica-
tion in regard to same to clarify signs in regard to Service Stations.
.....
Motion was made by Councilman Kennedy seconded by Councilman
Silva and carried that the Public Hearing be closed.
Discussion was had in regard to the proposed Sign Ordinance
by Council.
Motion was made by Councilman Pate seconded by Councilman
Wentworth and carried that the, proposed Sign Ordinance with stated
changes and modifications be introduced to include repeal of all
ordinances in confl ict with th~ proposed sign ordinance and that same
be publ ished by title and summary.
The Planning Commission Report of the October 30, 1969
Special Meeting was noted. Council had no objection to a School
District Liaison Representative attending the Planning Commission
Meetings and t9 ,the Planning Commissi,on appointing a representative
of their Board to attend the School Board Meetings; also noted in
said Planning Commission report was the County's recommendation to change
.Whitehurst Avenue on the east of Gilroy to San Ysidro Road and
no change to Whitehurst Road off of Hecker Pass Highway.
It was noted that due to lack of a querum at the regular
scheduled Personnel Commission 'meeting of October 23, 1969 no meeting
was held.
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...",...
The Report of the P. & R. Commission Meeting of October 21,
1969 was noted requesting Council to appoint a Senior Citizens' Ad-
visory Committee to guide Sr. Citizen Representative, Mrs. Mildred
Hanna. Motion was made by Councilman Wentworth seconded by Council-
man Silva and carried that the following be appointed as a Senior
Citizens' Advisory Committee as requested: Dr. H. B. Long, Mr.
Andrew Battagin, Mr. Adam Decker, Rev. Ken Daugherty, Mrs. Mary
Sanchez, Mr.Norman B. Goodrich, and Mrs. Billie Smith.
Motion was maee by Councilman Wentworth seconded by Council-
man Silva and carried that the City Clerk be allowed to carry two (2)
weeks of her 1969 vacation to the year 1970 as requested and approved
by the City Administrator.
Motion was made by CQuncilman Pate seconded by Councilman
Wentworth and carried that the request of Mr. Dominick Saccullo be
approved to obtain an Exchange Credit for Street Assessment on North
Church Street as outlined by the City Administrator.
.....
Resolution No. 1407 was presented requesting authorization to
File an appl ication for an increased relocation Grant under Grant
Contract, Calif. OSA-274 regarding Northside Park. Motion was made
by Councilman Pate seconded by Councilman Wentworth that Resolution
No. 1407 be adopted.
........
RESOLUTION NO. 1407
.......
RESOLUTION OF THE CITY OF GILROY AUTHORIZING FILING OF APPLICATION
FOR AN INCREASED RELOCATI ON GRANT UNDER GRANT CONTRACT, CALIF-OSA-
274.
PASSED AND ADOPTED by the City Council of the City of Gilroy, Calif.
this 3rd day of November, 1969, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kenn:dy, Pate, Silva,
Wentworth, and Goodrich
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Res.#1408 re:
N/side Park
Rent
Supplement
Ord. #869 re:
L. Conne 11
rezoning
Pierce &
Church
Ord. #870 re:
CATV Bonds
Ord. #871 re:
Codes
3037
NOES:
ABSENT:
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Resolution No. 1408 was presented requesting participation
by local housing owners in the Federal Rent Supplement Program in
regard to Northside Park land acquisition. Motion was made by
Councilman Pate seconded by Councilman Wentworth that Resolution No.
1408 be adopted.
RESOLUTION NO. 1408
RESOLUTION OF THE CITY OF GILROY APPROVING PARTICIPATION BY LOCAL
HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM.
PASSED AND ADOPTED this 3rd day of November, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
worth, and Goodrich.
None
None
Pate, Silva, Went-
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
The City Attorney presented Ordinance No. 869 rezoning
property belonging to Laurence Connell, located at the southwest
corner of Pierce and Church Streets from R-l to R-3 District. Motion
was made by Councilman Pate seconded by Councilman Duffin that
Ordinance No. 869 be adopted.
ORDINANCE NO~ 869
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY REZONING ONE-FOURTH ACRE, MORE OR LESS, AT THE SOUTH-
WEST CORNER OF PIERCE AND CHURCH STREETS FROM R-l DISTRICT TO R-3
DISTRICT.
PASSED AND ADOPTED this 3rd day of November, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich.
None
None
Pate, Silva,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
The City Attorney presented Ordinance No. 870 amending
Ordinance No. 759. re: Bond Requirement for Cable TV. Motion was
made by Councilman Wentworth seconded by Councilman Duffin that
Ordinance No. 870 be adopted.
ORDINANCE NO. 870
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 24.48 OF THE
GILROY CITY CODE SO AS TO REDUCE 'THE FAITHFUL PERFORMANCE BOND
REQU~~ED OF A CATV GRANTEE, AT THE COUNCIL'S DISCRETION, TO A
MINIMUM OF TEN THOUSAND DOLLARS.
PASSED AND ADOPTED this 3rd day of November, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth and Goodrich
None
None
Pa te, S i 1 va,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
The City Attorney presented Ordinance No. 871 adopting
Uniform Building, Mechanical, Plumbing, and National Electric Codes.
Motion was made by Counci lman Kennedy seconded by Counci lman Went-
worth that Ordinance No. 871 be adopted.
ORDINANCE NO. 871
AN ORDINANCE OF THE CITY OF GILROY REPEALING CHAPTER 18 OF THE
GILROY CITY CODE AND AMENDING SttCTIONS 6.1 and 6.2 OF THE GILROY CITY
CODE SO AS TO ADOPT, SUBJECT TO MODIFICATION BY RESOLUTION, THE
UNIFORM BUILDING CODE. THE UNIFORM MECHANICAL CODE, THE NATIONAL
ELECTRICAL CODE AND THE UNIFORM PLUMBING CODE TO APPLY IN THE CITY
OF GILROY.
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Res.#1409 re:
Bldg. Code
Res. #1410 re:
Mech. Code
Res. #1411
Plumbing
Code
Res. #1412
E 1 e c t rica 1
Code
PASSED AND ADOPTED this 3rd day of November, 1969, by the following
vote:
AYES:
NOES:
_ ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
-
Batrez, Duffin, Kennedy,
Wentworth and Goodrich
None
None
Pate, Silva,
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Resolution No. 1409 regarding the 1967 Edition of the Uni-
form Building Code with exceptions and modifications was presented.
Motion was made by Councilman Wentworth seconded by Councilman Batrez
that Resolution No. 1409 be adopted.
RESOLUTION NO. 1409
]
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM
BUILDING CODE, 1967 EDITION, SUBJECT TO MODIFICATIONS AND AMENDMENTS.
PASSED AND ADOPTED this 3rd day of November, 1969, by the following
vote:
AYES:
NOES:
ABSENT: '
COUNCIL MEMBiRS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth and Goodrich
None
None
Pa te, S i 1 va ,
Resolution No. 1410 regarding the 1967 Edition of the Uni-
form Mechanical Code was presented. Motion was made by Councilman
Pate seconded by Councilman Silva that Resolution No. 1410 be
adopted.
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, ADOPTING THE UNIFORM
MECHANICAL CODE, 1967 EDITION.
PASSED AND ADOPTED this 3rd day of November, 1969, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
RESOLUTION NO. 1410
Batrez, Duffin, Kennedy,
worth, and Goodrich
None
None
~
Pate, Silva, Went-
I
_wi
re: Resolution No. 1411x_egar:ding,:the 1967 Edition of the Uni-
form Plumbing Code with exceptions and modifiGations was presented.
Motion was made by Councilman Pate seconded by Councilman Kennedy
that Resolution No. 1411 be adopted.
RESOLUTION NO. 1411
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM
PLUMBING CODE,: 1967 EDITION, SUBJECT TO MODIFICATIONS AND AMENDMENTS.
PASSED AND ADOPTED this 3rd day of November, 1969, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich.
None
None
Pate, Silva,
re: Resolution No. 1412 regarding the 1968 Edition of the Nation-
al Electrical Code with exceptions and modifications was presented.
Motion was made by Councilman Wentworth seconded by Councilman
Kennedy that Resolution No. 1412 be adopted.
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE NATIONAL
ELECTRICAL CODE, 1968 EDITION, SUBJECT TO THE MODIFICATIONS AND
AMENDMENTS DEVELOPED AND RECOMMENDED BY THE SANTA CLARA VALLEY JOINT
ELECTRICAL CODE COMMITTEE.
PASSED AND ADOPTED this 3rd day of November, 1969, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
RESOLUTION NO. 1412
,
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Batrez, Duffin, Kennedy, Pate, Silva,
Wentworth, and Goodrich
"",,.,,;""
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
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I ntro. Ord.
Unposted
Vending
Machines
s.c. Co. Plan.
Pol icy Com.
Exec. Com.
Meetings
Plan.Policy
Com. of S.C.
Co. Meet.
League Meet.
11/13/69
Field Rep.
Personnel Com.
Boyle-resi-
gnat ion
Garbage &
Refuse
Charges
LaJannette
property re:
Library
Site
San Martin
Inc.
Adjourned
3039
re: TheC i ty Attorney presen tedand read a proposed ordinance
providing penalty provisions for unpostedVending Machines located
within the City of Gilroy. Motion was made by Councilman Pate
seconded by Councilman Wentworth and carried that the proposed
ord i nance be in trow ced and, pub 1 i shed by tit 1 e and summary.
The Planning Policy Committee of Santa Clara. County Minutes
of the Executive Committee's Meeting of September 25, 1969 and the
Mini Minutes for the meeting of October 23, 1969 were noted.
The Minutes of the Planning Pol icy Committee of Santa Clara
County meeting of October 23, 1969 were noted.
The League of Cal ifornia Cities, Peninsula Division letter
in regard to Strengthening the Organization and meeting of November
13, 1969 was noted.
A letter from Congressman Gubser in regard to Appointing a
Fie1d Representative was noted.
The letter of resignation from Personnel Commissioner,
Wi 11 iam Boyle, was accepted wi th regre't and the Mayor requested that
Council submit names of interested citizens for appointment to said
Commission for the unexpired term (1/1/73) of said Commissioner,
at the next regular Council Meeting.
City Administrator Wood noted that the Garbage Company has
requested a meeting with the City to review the City garbage and
refuse charges.
The Mayor appointed Councilman Duffin, Chairman, and Council
Members Kennedy and Silva as a Council A~vjsory Committee to review
same with the Garbage Company's owner, Mr. C. R. Acker.
City Administrator Wood requested authorization to purchase
property belonging to William A. and Edith LaJannette, 27 South
Rosanna Street for the proposed Library Site property in the amount
of $27,000.00, same to be paid $5,000.00 as a down payment and 7%
interest on the unpaid balance of $22,000.00 to be paid following
. the Bond Sale for said Library Improvement Project. Motion was
made by Councilman Pate seconded by Councilman Silva and carried
that the proposal in the amount of $27,000.00 for property located
at 27 South Rosanna Street be accepted and financing of same to be
paid as outlined by the City Administrator.
Councilman Duffin reported on progress in regard to pro-
posed San Martin Incorporation.
The Mayor noted the presence of Planning Commission repre-
sentative Childers.
At 12:57 a.m. the Mayor adjourned the meeting.
Respectfully submitted,
A2M4fw}~. R5~
/ City C 1 e r k